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1 Answer | Asked in Federal Crimes and Banking for Indiana on
Q: What to file motion to set aside judgement on inheritance property HELOC was fraud , bank wanted cover up. default judge

Urgent bc writ to assist not to get out when I paid up all

James L. Arrasmith
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answered on Jan 23, 2024

If you're facing a situation where a default judgment has been entered against you regarding an inheritance property and a Home Equity Line of Credit (HELOC) that you believe was fraudulently obtained, taking swift legal action is important. To challenge this judgment, you would typically file... View More

1 Answer | Asked in Tax Law for Indiana on
Q: My student loan was forgiven in 2023 under IDR adjustment. Effective date was 2017. Will IN still tax it?

F. Student Loan Debt Discharge

Under Section 9675 of the American Rescue Plan Act of 2021, student loans discharged

between Jan. 1, 2021, and Dec. 31, 2024, inclusive, are excluded from federal gross income

under IRC § 108(f)(5). Under IC 6-3-1-3.5(a)(30), student loans... View More

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answered on Jan 22, 2024

Regarding your student loan forgiveness in Indiana under the IDR (Income-Driven Repayment) adjustment, it's important to understand how state tax laws apply. The American Rescue Plan Act of 2021 exempts forgiven student loans from federal income tax between January 1, 2021, and December 31,... View More

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Indiana on
Q: As an out of state resident, can a person 18-21 privately purchase and apply for a CCW for a handgun?
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answered on Jan 18, 2024

Unfortunately, based on Indiana law, it does not appear that an 18-21 year old non-resident would be able to privately purchase a handgun or obtain an Indiana concealed carry permit. Here are the key reasons:

• Private handgun purchases - Federal law prohibits federally licensed firearms...
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1 Answer | Asked in Adoption, Constitutional Law and Family Law for Indiana on
Q: If a parent is in police custody and agrees to sighn over rights,what motion should be filed
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answered on Jan 17, 2024

In Indiana, if a parent in police custody agrees to sign over their parental rights, the appropriate legal action would be to file a petition for involuntary termination of parental rights in the appropriate family court. This petition is typically filed in the county where the child resides.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: If I'm not fully lucid after being woken up suddenly by an officer and he gets my consent to search, is it lawful?

My fiance was sleeping in her car after a 17 hour shift, she parked in a legal parking spot to take a nap in order to avoid trying to drive while sleep deprived. According to a lawrenceburg, IN policeman. Someone had called the police worried about her welfare. The officer rudely and violently beat... View More

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answered on Jan 16, 2024

Based on the details provided, there are good arguments that the search was not lawful due to your fiance's diminished mental capacity when she supposedly consented. A few key points:

- Consent searches require voluntary, knowing, and intelligent consent. If the person is not fully...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can a detective record our conversation in my home without my consent in Elkhart,Indiana?
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answered on Jan 16, 2024

I do not have enough information or context to definitively state if a detective can record a conversation in a private home without consent in Elkhart, Indiana. However, here is some general information about recording laws in Indiana:

- Indiana is a "one-party consent" state...
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1 Answer | Asked in Immigration Law for Indiana on
Q: Can my employer still file i129 F1 opt cap gap extension for me or how can they keep me in status while still working?

I am a BSN RN on OPT, with F1 status and I have an approved i140 through my employer with priority date of Dec 2023. My OPT EAD will expire before my PD becomes current(Africa). I have a permanent job with my employer, but I won't be able to extend my EAD since Nursing isn't classified as... View More

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answered on Jan 15, 2024

Under the current regulations, the F1 OPT cap-gap extension is typically available to students who are beneficiaries of a timely filed H-1B petition and are selected in the H-1B lottery. This extension bridges the gap between the end of your OPT and the start of your H-1B status, but it's... View More

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: Next fall our festival wants to do a Yellowstone national Park theme and use yogi bear crew as mascs. Can we

We would like to do memes on our Facebook page through the year encouraging events. And have props during festival.

We do a special edition shirt each year of 100 if possible would also like to include yogi with ours& Yellowstone parks in the print

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answered on Jan 14, 2024

Using Yogi Bear and his crew as mascots for your festival, especially in conjunction with Yellowstone National Park, requires careful consideration of intellectual property rights. Yogi Bear is a copyrighted character owned by Hanna-Barbera, now part of Warner Bros. Entertainment. Therefore, using... View More

1 Answer | Asked in Immigration Law for Indiana on
Q: I am a United Kingdom citizen with an ESTA visiting my US citizen girlfriend want to get married now

Is it possible to get marry while I am in the USA now on an ESTA (Electronic System for Travel Authorization)

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answered on Jan 14, 2024

Yes, you can get married in the United States while visiting on an ESTA. The ESTA allows you to enter the U.S. for tourism, business, or while in transit, and getting married falls under personal activities allowed during your stay.

However, you should be aware that the ESTA does not change...
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3 Answers | Asked in Civil Litigation and Insurance Bad Faith for Indiana on
Q: I had a chimney fire on 12-22-21. My ins company is delaying the non salvageable content payment.

As of today 1-13-24 no payment has been paid. Is this considered not acting in good faith? Emails and calls are going unanswered.

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2024

Addendum - Despite the time it could take to investigate fire claims, your inquiries deserve responses. If the matter continues to be delayed indefinitely with no reasonable basis, then an attorney who handles property & casualty claims could advise more definitively about the best and... View More

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3 Answers | Asked in Civil Litigation and Insurance Bad Faith for Indiana on
Q: I had a chimney fire on 12-22-21. My ins company is delaying the non salvageable content payment.

As of today 1-13-24 no payment has been paid. Is this considered not acting in good faith? Emails and calls are going unanswered.

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2024

I'm sorry for your fire. It isn't necessarily bad faith. They could be reviewing the file with their investigator. Fire claims can sometimes receive close scrutiny. Good luck

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3 Answers | Asked in Civil Litigation and Insurance Bad Faith for Indiana on
Q: I had a chimney fire on 12-22-21. My ins company is delaying the non salvageable content payment.

As of today 1-13-24 no payment has been paid. Is this considered not acting in good faith? Emails and calls are going unanswered.

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answered on Jan 13, 2024

Based on the limited information provided, it does not necessarily indicate bad faith on the part of your insurance company at this point. However, there are a few things you can consider:

- Review your policy to understand the claims process and typical timelines for payments. Many...
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1 Answer | Asked in Traffic Tickets for Indiana on
Q: I got pulled over for not using a turn signal leaving my driveway

Do you have to use a turn signal leaving your own driveway

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answered on Jan 12, 2024

In Indiana, as in many other states, the specific requirements for using a turn signal depend on the circumstances. Generally, when driving on public roads, it is advisable to use your turn signal when making a turn or changing lanes to indicate your intentions to other drivers. However, the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Indiana on
Q: How long does a court have in Indiana before you have to be formally charged while you’re in custody for the charges?

I was held in the jail from December 7th til the 18th when I bonded out. I wasn’t booked into the jail or given a call until the 10th at which time they told me I had a no contact order and already placed a call to the alleged victim. I wasn’t seen in court until the 15th of December which is... View More

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answered on Jan 7, 2024

In Indiana, the law requires that an individual who is arrested must be brought before a judge for an initial hearing without unnecessary delay. Typically, this should occur within 48 hours of the arrest. If the initial hearing does not happen within this timeframe, there may be grounds to... View More

1 Answer | Asked in Family Law, Social Security and Tax Law for Indiana on
Q: For a single person on disability, would they be able to claim a child on taxes and get more than what they put in?

Going through a divorce and wondering if the amount could change for someone on disability if they claimed 1 vs 3 kids on their tax return.

How is this split best handled when custody is split evenly?

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answered on Jan 7, 2024

For a single person on disability, the ability to claim a child on taxes and potentially receive more in tax benefits than what they put in depends on several factors. These include their income level, the amount of Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) they... View More

1 Answer | Asked in Consumer Law for Indiana on
Q: I am a customer of Mr Cooper/Nation Star and receiver of notice from said company ,that my information was breached. Ind

State of residence Indiana

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answered on Jan 6, 2024

If you've received a notice from Mr. Cooper/Nation Star about a breach of your personal information, it's crucial to take immediate action to protect yourself. First, monitor your financial accounts closely for any unusual activity. It's wise to consider placing a fraud alert or a... View More

1 Answer | Asked in Contracts and Small Claims for Indiana on
Q: If someone wants to borrow money & OFFERS an interest rate higher than state max, can I accept it w/o usury concerns?

Indiana State max interest on loans is 21% per annum, but I would not be stipulating, requiring, or requesting the interest. I would strictly be accepting an offer made voluntarily. For example, someone wants to borrow $100 for a week and offers to repay $110. Can I accept this without running... View More

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answered on Jan 3, 2024

In Indiana, the maximum allowable interest rate on loans is regulated by state usury laws, and exceeding these limits can result in legal consequences. While state law may set a maximum interest rate, it's generally applicable to contractual agreements. If the borrower voluntarily offers a... View More

1 Answer | Asked in Domestic Violence for Indiana on
Q: I’m a victim of domestic and filed for PPO. I’m also a felon with drug case from 2008. Can I purchase a gun to protect m
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answered on Jan 3, 2024

In the United States, federal law prohibits individuals convicted of felony offenses, including drug-related felonies, from purchasing or possessing firearms. This restriction extends to individuals subject to domestic violence protection orders.

If you have a felony conviction from 2008,...
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1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Business Law for Indiana on
Q: The correct entity name to be registered with SOS Indiana

For asset protection and Tax minimisation purposes, for rental properties in Indiana that is owned by a Series LLC (ie. Example LLC - Scenario Series) formed in Texas, should the full series entity name (ie. Example LLC - Scenario Series) be registered with Secretary of State Indiana for foreign... View More

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answered on Jan 3, 2024

In your case, dealing with a Texas Series LLC owning rental properties in Indiana, the registration with the Indiana Secretary of State (SOS) requires careful consideration. The Series LLC structure is unique in that it allows for separate series or cells within a single LLC, each with its own... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Landlord - Tenant for Indiana on
Q: Is an appeal the right way to go? And if so, what should I base the brief on?

Missed hearing- court clerk gave invalid proceduresfor covid when i called and asked what their courts protocol was(like indybar and depthealth websites state/had representation that I never received counsel from. I had evidence of breach from landlord within 30 days, retaliation claim. And... View More

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answered on Jan 2, 2024

Filing an appeal can be a valid course of action if you believe that legal errors affected the outcome of your case. In your situation, where there were procedural issues like being given incorrect information by the court clerk and challenges with your representation, these could form the basis of... View More

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